Encisco v. 3M Company et al
| Joann Victoria Encisco |
| Ace Hardware Corporation, Parker-Hannifin Corporation, Certainteed Corporation, Ingersoll-Rand Company, Kelly-Moore Paint Company Incorporated, AutoZone Incorporated, Genuine Parts Company, Probuild Holdings LLC, Union Carbide Corporation, Honeywell International Incorporated, 3M Company, Minnesota Mining and Manufacturing and Auto Shack Incorporated |
| 3:2018cv08214 |
| September 10, 2018 |
| US District Court for the District of Arizona |
| John J Tuchi |
| Eileen S Willett |
| Personal Injury: Asbestos Personal Injury Product Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on November 7, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 59 MOTION for Leave to Appear To Appear Telephonically at the Pretrial Scheduling Conference Set for November 27, 2018 at 10:30 AM by Certainteed Corporation. (Attachments: #1 Text of Proposed Order Proposed Order Granting CertainTeed Corporation's Motion to Appear Telephonically at the Pretrial Scheduling Conference)(Maerowitz, Kim) |
| Remark: Pro hac vice motion granted for Lawrence Michael Brooks Jr. on behalf of defendant 3M Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 58 Corporate Disclosure Statement by Ingersoll-Rand Company identifying Corporate Parent Ingersoll-Rand, PLC for Ingersoll-Rand Company. (Beiermeister, Kathleen) |
| Filing 57 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Union Carbide Corporation. (Hellbusch, Ronald) |
| Filing 56 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Probuild Holdings LLC. (Mear, Richard) |
| Filing 55 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Genuine Parts Company. (Mear, Richard) |
| Filing 54 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Joann Victoria Encisco. (Mittal, Rajeev) |
| Filing 53 Corporate Disclosure Statement by AutoZone Incorporated. (Romano, Carol) |
| Filing 52 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant AutoZone Incorporated. Document #50 is being re-docketed for statistical purposes only. (SLQ) |
| Filing 51 NOTICE TO FILER OF DEFICIENCY re: #50 Response filed by AutoZone Incorporated. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Carol Romano but submitted using the log-in and password belonging to attorney Mitchell Resnick. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
| Filing 50 RESPONSE to Mandatory Initial Discovery Requests by Defendant AutoZone Incorporated. (Resnick, Mitchell) |
| Filing 49 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Parker-Hannifin Corporation. (Wilkins, Kelly) |
| Filing 48 NOTICE TO FILER OF DEFICIENCY re: #45 Corporate Disclosure Statement filed by AutoZone Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ATD) |
| Filing 47 NOTICE of Party Dismissal by Joann Victoria Encisco. Party Kelly-Moore Paint Company Incorporated (a California Corporation with its principal place of business in the State of California) terminated. (Mittal, Rajeev) |
| Filing 46 DEFENDANT'S DEMAND for Jury Trial by Genuine Parts Company, Probuild Holdings LLC. (Mear, Richard) |
| Filing 45 Corporate Disclosure Statement by AutoZone Incorporated. (Romano, Carol) |
| Remark: Pro hac vice motion granted for Farah S Nicol on behalf of defendant CertainTeed Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion granted by Joseph L Greenslade on behalf of defendant CertainTeed Corportion. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 44 NOTICE of Appearance by Kathleen L Beiermeister on behalf of Ingersoll-Rand Company. (Attachments: #1 Exhibit A)(Beiermeister, Kathleen) |
| Filing 43 STATUS REPORT by Joann Victoria Encisco. (Attachments: #1 Exhibit Exhibit A)(Mittal, Rajeev) |
| Filing 42 NOTICE TO FILER OF DEFICIENCY re: #38 Notice of Service of Responses to Mandatory Initial Discovery filed by 3M Company. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ATD) |
Filing 41
ORDER: Scheduling Conference set for 11/27/2018 at 10:30 AM in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003 before Judge John J Tuchi.The parties shall submit their joint proposed case management plan not less than seven (7) days before the Scheduling Conference. (See attached Order for additional details). Signed by Judge John J Tuchi on 10/11/18. (JAMA)
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Filing 40
ORDER: IT IS ORDERED that counsel for the Plaintiffs apply for entry of default or file a status report within seven days of the date of this Order concerning the status of this case as to Defendants Ingersoll-Rand Company and Kelly-Moore Paint Company Incorporated. IT IS FURTHER ORDERED that the matter will be dismissed as to Defendants Ingersoll-Rand Company and Kelly-Moore Paint Company Incorporated without further notice if counsel fails to apply for entry of default or file a status report within seven days of the date of this Order. (See attached Order). Signed by Judge John J Tuchi on 10/11/18. (JAMA)
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Filing 39
ORDER: IT IS ORDERED that motions to dismiss pursuant to Fed. R. Civ. P. 12(b) andmotions to strike pursuant to Fed. R. Civ. P. 12(f) are discouraged if the defect that wouldbe the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of this Order onDefendants. (See attached Order). Signed by Judge John J Tuchi on 10/11/18. (JAMA)
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| Filing 38 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant 3M Company. (Campa, Denisse) |
| Filing 37 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) Notice of Service of Defendant CeratinTeed Corporation's Responses to Mandatory Initial Discovery Requests filed by Defendant Certainteed Corporation. (Maerowitz, Kim) |
| Filing 36 NOTICE of Attorney Substitution by Kelly Wilkins. (Wilkins, Kelly) |
| Remark: Pro hac vice motion granted for Jayme Long on behalf of 3M Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion granted for Denisse Lopez Campa on behalf of 3M Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 35 NOTICE TO FILER OF DEFICIENCY re: #30 Corporate Disclosure Statement filed by 3M Company, #29 Notice of Attorney Appearance/Substitution - USA filed by 3M Company, #28 Notice of Attorney Substitution (Within Firm Only) filed by 3M Company. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 34 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge John J. Tuchi. All further pleadings/papers should now list the following COMPLETE case number: CV-18-8214-PCT-JJT. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 33 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 31 Corporate Disclosure Statement by Certainteed Corporation identifying Corporate Parent Compagnie De Saint-Gobain Paris for Certainteed Corporation. (Maerowitz, Kim) |
| Filing 30 Corporate Disclosure Statement by 3M Company. (Aaron, Steven) |
| Filing 29 *Amended NOTICE of Attorney Substitution by Steven Martin Aaron. (Aaron, Steven) *Modified to correct event and text on 9/24/2018 (REK). |
| Filing 28 NOTICE of Attorney Substitution by Steven Martin Aaron. (Aaron, Steven) |
| Filing 27 NOTICE TO FILER OF DEFICIENCY re: #26 Answer to Complaint filed by Ace Hardware Corporation. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Remark: Pro hac vice motion granted for Ronald L Hellbusch on behalf of Union Carbide Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion granted for Rajeev K Mittal on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 26 ANSWER to Complaint with Jury Demand by Ace Hardware Corporation.(Brebner, Bartlet) |
| Filing 25 *ANSWER to Complaint by AutoZone Incorporated.(Romano, Carol) *Modified to remove incorrect jury demand text on 9/21/2018 (REK). |
| Filing 24 NOTICE TO FILER OF DEFICIENCY re: #22 Answer to Complaint filed by AutoZone Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 23 Corporate Disclosure Statement by AutoZone Incorporated. (Romano, Carol) |
| Filing 22 * ANSWER to Complaint by AutoZone Incorporated.(Romano, Carol) *Modified to remove incorrect jury demand on 9/20/2018 (REK). |
| Filing 21 Corporate Disclosure Statement by Probuild Holdings LLC. (Mear, Richard) |
| Filing 20 ANSWER to Complaint by Probuild Holdings LLC.(Mear, Richard) |
| Filing 19 Corporate Disclosure Statement by Genuine Parts Company. (Mear, Richard) |
| Filing 18 ANSWER to Complaint by Genuine Parts Company.(Mear, Richard) |
| Remark: Pro hac vice motion granted for Mary A Wells on behalf of 3M Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 17 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 15 ANSWER to Complaint with Jury Demand by Parker-Hannifin Corporation.(Sheridan, Amanda) |
| Filing 14 Corporate Disclosure Statement by Honeywell International Incorporated. (Sparks, J) |
| Filing 13 ANSWER to Complaint with Jury Demand by Honeywell International Incorporated.(Sparks, J) |
| Filing 12 NOTICE TO FILER OF DEFICIENCY re: #10 Corporate Disclosure Statement filed by Ace Hardware Corporation, #9 Answer to Complaint filed by Ace Hardware Corporation. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
| Filing 11 NOTICE TO FILER OF DEFICIENCY re: #9 Answer to Complaint filed by Ace Hardware Corporation. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
| Filing 10 Corporate Disclosure Statement by Ace Hardware Corporation. (Brebner, Bartlet) |
| Filing 9 ANSWER to Complaint with Jury Demand by Ace Hardware Corporation.(Brebner, Bartlet) |
| Filing 8 Corporate Disclosure Statement by Union Carbide Corporation. (Petri, Shawn) |
| Filing 7 ANSWER to Complaint with Jury Demand by Union Carbide Corporation.(Petri, Shawn) |
| Filing 6 Corporate Disclosure Statement by Parker-Hannifin Corporation. (Sheridan, Amanda) |
| Filing 5 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to 3M Company, AutoZone Incorporated, Certainteed Corporation. (MFR) |
| Filing 4 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Parker-Hannifin Corporation. (MFR) |
| Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MFR) |
| ***STATE COURT RECORD RECEIVED: ANSWER to #1 Notice of Removal with Jury Demand by Ingersoll-Rand Company. FILED IN STATE COURT ON 9/10/18, ENTERED IN DISTRICT COURT ON 10/17/18 FOR CASE MANAGEMENT PURPOSES; Received by District Court via filing at Doc. #44 , Exhibit A***(ATD) |
| Filing 2 Filing fee paid, receipt number 0970-15938663. This case has been assigned to the Honorable Eileen S Willett. All future pleadings or documents should bear the correct case number: CV-18-08214-PCT-ESW. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (MFR) |
| Filing 1 NOTICE OF REMOVAL from Coconino County Superior Court, case number S0300CV201800931. Filing fee received: $ 400.00, receipt number 0970-15938663 filed by Parker-Hannifin Corporation. (Sheridan, Amanda) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(MFR) |
| ***STATE COURT RECORD RECEIVED***SERVICE EXECUTED : Certificate of Service re: Summons & Complaint; Certificate of Compulsory Arbitration upon Probuild Holdings LLC on 8/17/2018 (original filed in Coconino County Superior Court on 8/21/2018); Affidavit of Service of Process by Private Person re: Summons & Complaint; Certificate of Compulsory Arbitration upon Autozone Incorporated, Certainteed Corporation, Genuine Parts Company, Kelly-Moore Paint Company Incorporated, Parker-Hannifin Corporation, and Union Carbide Corporation on 8/10/2018 (original filed in Coconino County Superior Court on 8/21/2018); Affidavit of Service of Process by Private Person re: Summons & Complaint; Certificate of Compulsory Arbitration upon 3M Company, Ace Hardware Corporation, Honeywell International Incorporated and Ingersoll-Rand Company on 8/10/2018 (original filed in Coconino County Superior Court on 8/21/2018). (MFR) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. |
| ***STATE COURT RECORD RECEIVED: ANSWER to #1 Notice of Removal by 3M Company, AutoZone Incorporated, Certainteed Corporation. ENTERED IN DISTRICT COURT FOR CASE MANAGEMENT PURPOSES***(MFR) |
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